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UK: High Court upholds contractual clause precluding banks' liability for negligent advice in swaps mis-selling claim
In Crestsign Limited v (1) National Westminster Bank Plc and (2) The Royal Bank of Scotland Plc, the UK High Court upheld contractual clauses (known as …
Singapore: Court of Appeal confirms employer-friendly approach to constructive dismissal damages
In the recent decision of Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] SGCA 43 the Court of Appeal considered the measure …
Stay of Hong Kong winding-up petition pending foreign appeal proceedings
In the recent case of In re Shiamas International Limited (HCCW 80/2014), the Hong Kong Court of First Instance refused to stay a winding-up petition on …
Discharging Court appointed interim receivers in Hong Kong
In the very recent, but complex, case of Achieve Goal Holdings Limited v Zhong Xin Ore-Material Holding Company Limited (HCA 1987/2005), the Court of …
Singapore: Court of Appeal decides interim awards are enforceable
In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore Court of Appeal considered the …
UK: Court of Appeal overturns High Court's decision to enforce a restrictive covenant despite obvious deficiencies in drafting
We have previously written about a decision of the English High Court which upheld the terms of a restrictive covenant despite certain deficiencies in …
The status of foreign liquidators recognised in Hong Kong
The recent case of The Joint Official Liquidators of A Company v B and Another has confirmed that a liquidator of a foreign company can seek the Hong …
Hong Kong Court of First Instance discusses the new Practice Direction on E-Discovery in relation to a specific discovery application
The recent decision in Chinacast Education Corporation and others v Chan Tze Ngon and others is one of particular relevance as it is the first time the …
UK Court of Appeal confirms extra-territorial reach of contempt proceedings
In Dar Al Arkan Real Estate Development Co and another v Al-Sayed Bader Hashim Al Refai and others [2014] EWCA Civ 715, the English Court of Appeal …
Recovering assets from an estate without challenging a will
In Leung Chung Ching Edwin and Wong Fung San Hanny v The Estate of Leung On Mei Amy, deceased, the Court of First Instance held that the parents of the …
Hong Kong Court of First Instance allows Albert Yeung's libel case in relation to Google's autocomplete search function to proceed
In Albert Sau Shing Yeung v Google Inc, the Court of First Instance allowed Albert Yeung's claim against Google to proceed past a summary dismissal …
ADR Practical Guide no. 4: Selecting your mediator and drafting the mediation agreement
Herbert Smith Freehills’ publication 'Selecting your mediator and drafting the mediation agreement' is the fourth in our series of ADR Practical Guides, …
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Simon Chapman KC
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